ELISA W. v. CITY OF NEW YORK

No. 22-7 August Term 2022.

82 F.4th 115 (2023)

ELISA W.; Alexandria R., by her next friend, Alison Max Rothschild; Thierry E., by his next friend, MICHAEL B. Mushlin; Lucas T., Ximena T., Jose T.C. and Valentina T.C., by their next friend, Rachel Friedman; Ayanna J., by her next friend, Meyghan McCrea; Olivia and Ana-Maria R., by their next friend, Dawn Cardi; Xavion M., by his next friend, Michael B. Mushlin; Dameon C., by his next friend, Reverend Doctor Gwendolyn Hadley-Hall; Tyrone M., by his next friend, Bishop Lillian Robinson-Wiltshire; Brittney W., by her next friend, Shamara Mills; Mikayla G., by her next friend, Michael B. Mushlin; Myls J. and Malik M., by their next friend, Elizabeth Hendrix; and Emmanuel S. and Matthew V., by their next friend, Samuel D. Perry, individually and on behalf of a class of all others similarly situated, Plaintiffs-Appellants, v. The CITY OF NEW YORK; Sheila J. Poole, Commissioner of the New York State Office of Children and Family Services, in her official capacity, Defendants-Appellees, New York City Administration for Children's Services; State of New York; New York State Office of Children and Family Services; and David Hansel, Commissioner of the New York City Administration for Children's Services, in his official capacity, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 19, 2023.


Attorney(s) appearing for the Case

Marcia Robinson Lowry , A Better Childhood, Inc., New York, NY; ( Antony L. Ryan , Justin C. Clarke , Nicole M. Peles , on the brief, Cravath, Swaine & Moore LLP, New York, NY), for Plaintiffs-Appellants.

Jamison Davies ( Claude S. Platton & Richard Dearing , on the brief), Corporation Counsel of the City of New York for Sylvia O. Hinds-Radix , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellee City of New York.

Elizabeth A. Brody , Assistant Solicitor General, ( Ester Murdukhayeva , Deputy Solicitor General, on the brief) for Barbara D. Underwood , Solicitor General, New York State Office of the Attorney General, New York, NY, for Defendant-Appellee Sheila J. Poole.

Before: Cabranes, Bianco, Circuit Judges.


Plaintiffs-appellants are nineteen children in the foster care system of the City of New York (the "City"). They filed suit in the United States District Court for the Southern District of New York alleging "systemic deficiencies" in the administration of the City's foster care system in violation of federal and...

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